Letters Testamentary in Pennsylvania

Letters are granted by the Register of Wills of the county where the decedent had his or her last family or principal residence. With a will, the named executor petitions to probate the will and receives letters testamentary; without one (or with no available executor), letters of administration go, in order, to residuary beneficiaries, the surviving spouse, heirs, principal creditors and other fit persons. Applicants use the statewide Petition for Grant of Letters (RW-02), and subscribing witnesses may need to prove the will (RW-03). The personal representative takes an oath and files a bond unless excused (for example, a named Pennsylvania-resident executor or one excused by the will). The Register issues short certificates as evidence of appointment, which institutions such as PennDOT require.

The Register grants letters testamentary to the executor named in the will. Without a named executor, letters of administration go, in order, to residuary beneficiaries, the surviving spouse, heirs, principal creditors and other fit persons. A personal representative must be at least 18; a person charged with voluntary manslaughter or homicide (other than homicide by vehicle) in connection with the death cannot serve, and the Register may find others (other than a named executor) unfit. The Register has discretion to refuse letters of administration to a nonresident of Pennsylvania. A bond is generally required, but not for a named representative who is a Pennsylvania resident, or who is excused from bond by the will, or a nonresident serving with a resident co-representative who keeps custody of the assets; a resident sole heir or the nominee of all adult heirs may also be excused. A court may still order a bond.